Dr John Keogh Barrister-at-law. Location: Sydney and prepared to travel. Principal Occupation: Barrister - Mediator/Arbitrator
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1 Dr John Keogh Barrister-at-law Location: Sydney and prepared to travel Principal Occupation: Barrister - Mediator/Arbitrator Qualifications Bachelor of Laws, University of Technology Sydney, 1988 Postgraduate Study in Dispute Resolution, Centre of Dispute Resolution at University of Technology Sydney, As a part of this study John completed a research project in dispute resolution for the NSW bar in 1992, for which he received a distinction from UTS. The project was designed to explore Barristers attitudes to the use of alternative dispute resolution processes. Doctorate of Juridical Science, University of Technology Sydney, 2000 Nationally Accredited Mediator (NMAS), NSW Bar, 2010 Government and Judicial Appointments Land and Environment Court: Mediation Panel, Since 1995 Supreme Court: Appointed to the Court's Mediation, District Court: Appointed to the Court's Mediation Panel, Since 2001 Local Court: Appointed to the Court's Arbitration Panel, Since 2002 Workers Compensation Commission: Appointed to the NSW Workers Compensation Commission to provide arbitration and mediation services, since 2002 Residential Tenancies Tribunal: Appointed as part-time member, Farm Debt Mediation Panel: Rural Assistance Authority of NSW, since 1995 Retail Tenancy Unit, NSW Government: Appointed to the Mediation Panel, since 2009 LEADR: Member of Advanced Panel of Dispute Resolvers, since 1993 Fees and Rates: Daily rate $4000 (plus GST) first 7 hours, thereafter $500 per hour (plus GST) Contact Details: Chambers Mobile johnkeogh@johnkeogh.com.au ADR Industry Appointment Standards Australia, Member of the National Committee for the development of an Australian Standard Guide to the prevention, handling and resolution of disputes. Twenty organisations were represented on the Standards Australia Committee. The Committee produced the Australian Standard in October 1999.
2 ADR Training LEADR, "Mediation Workshop", 1992 UTS Sydney "Dispute Resolution", 1991 UTS Sydney, "Advanced Mediation", 1992 UTS Sydney, "Dispute Resolution in Commerce", 1993 UTS Sydney, "Courts Based Dispute Resolution", 1993 LEADR, "ASA workshop & panel", 2000 Chartered Institute of Arbitrators, International Arbitration, 2000 LEADR, "Building Industry Security of Payments" 2000 Workers Compensation Commission, "Conciliators / Arbitrators training course", NSW Bar Association, "Mediation Training Annual Conference" ADR Experience Commercial Mediations John has performed over 500 commercial mediations with his expertise lying primarily in areas of property and personal injury. Property experience includes, o Mediating large city property complexes incorporating, residential towers, retail and commercial areas, and parking stations. o Mediating property development partnership disputes between statutory bodies or financial institutions and their private development partners. o Facilitating the consolidation of large residential and rural land holdings in association with their mortgage backed financial institutions. Personal Injury experience includes, o Mediated over 140 work injury matters including psychological injuries where parties suffered injuries that exceeded 15% whole person impairment. o Chaired review panels reassessing the validity of Medical Assessment Certificates provided by Work Cover approved medical specialists. ( ) Arbitration John has delivered over 900 arbitrations decisions. His extensive experience, detailed below, includes a broad scope of property issues as well as personal injury. o Appointment to the residential tenancies tribunal which dealt with such issues concerning residential tenancy strata titles retirement villages (disputes between resident committees and building owners) property development commercial properties retail properties o Appointment to District Court Philadelphia Arbitration System, Involved a wide range of commercial matters, personal injury, motor vehicle accidents and property related negligence o Appointment to the Workers Compensation Commission(WCC), Handed down over 200 decisions on workplace injuries and mediated in excess of 140 work injury damages disputes
3 o Appointed as an Expert Determinator in property cases involving large multi use property complexes incorporating high rise residential towers with commercial and retail strata areas Professional Legal Associations Commercial Law Association of Australia service to law education and commerce Present: o Member since Appointed Life Member o Director of the Board o National President of the Association o Chaired the CLA Legislative Review Task Force from o Deputy Chair Australian Property Journal edited Legal Notes segment quarterly. Establishment of Law Foundation At the invitation of Professor David Barker, Dean, UTS Faculty of Law, established a Law Foundation through the UTS law alumni to assist law students to continue with their studies through charitable grants and merit based scholarships. Brought together a Board of Trustees and established the Foundation. Chaired the Foundation from its inception to Mentoring/ Teaching Experience UWS Appointments, Graduate Diploma in Mediation Practice at UWS MacArthur: appointed as an industry professional to Course Accreditation and Advisory Committee for the establishment of the Diploma. In addition to serving on the Advisory Committee, provided 30 hours of mentoring and mediation experience to each of 12 graduate students in the Course ( ) Lectured in property, planning and environmental law, commercial tenancy law, and business ethics ( ). Macquarie Graduate School of Management, 2001 Co-ordinated and presented ten seminars for MBA students in MGSM987 Law & Management Sydney Graduate School of Management (SGSM), ( ) Property Development: produced and directed thirteen four-day seminars programme for the development industry ( ) UTS Sydney, 2001 Developed and presented Commercial Arbitration (Domestic) postgraduate course Publications, Conference & Seminar Papers Conference and Seminar Papers Keogh, J (2013) Retail Lease Cases Current Issues 2012, College of Law, CPD Seminar 18 March 2013, Sydney, Australia Keogh, J (2013) Retail Lease Disputes: Current Trends, Seventh Annual Property Law Conference, Television Education Network February 2012, Sydney, Australia
4 Keogh, J & Hyam, A (2013) Interference With Private Property Rights, Commercial Law Association Property And Planning Law Conference 01 March 2013, Sydney, Australia Keogh, J (2013) Compensatory Losses in retail lease disputes, College of Law CPD Seminar 25 February 2013, Sydney, Australia Keogh, J (2012) The ADR Obligations of Legal Practitioners in Civil Proceedings, LEADR Association of Dispute Resolvers NSW Chapter 2012 Seminar Series, 27 September 2012, Sydney, Australia Keogh, J (2012) Heaven knows what s reasonable Mrs Donoghue (but have we lost our way in the search of the reasonable man?), College of Law Donoghue v Stevenson: 80 th Anniversary Conference, 25 May 2012, Sydney, Australia Keogh, J (2012) Compensatory Damages in retail tenancy disputes, College of Law Seminar 5 March 2012, Sydney, Australia Keogh, J (2012) Retail Leases in NSW, Some current issues, Sixth Annual Property Law Conference Television Education Network February 2012, Sydney, Australia Keogh, J (2011) Light and the Tort of Nuisance: Illuminating the Road to Liability, College of Law, Exotic and Emerging Torts Conference, 25 August 2011, Sydney, Australia Keogh, J (2011) Mitigation of Loss & Damages in Retail and Commercial Leases, College of Law Seminar 25 August 2011, Sydney, Australia Keogh, J (2011) Significance of proposed amendments to the retail leases act 1994, College of Law Property Specialist Accreditation course 27 May 2011, Wollongong, Australia Keogh, J (2011) Retail Leases: Forfeiture of Retail Leases -reasons, remedies and risky business, College of Law Seminar 24 March 2011, Sydney, Australia Keogh, J (2011) Retail Leases: Disruption of Retail Trading, College of Law Seminar 17 March 2011, Sydney, Australia Keogh, J (2010) Unconscionable Conduct and Retail Lease Litigation, College of Law Seminar, 27 April Sydney, Australia Keogh, J (2009) The Defence of Estoppel in Property Transactions, College of Law, 12 March 2009, Sydney, Australia Keogh, J (2009) Breach of the Quiet Enjoyment Covenant in Commercial and Retail Leases, College of Law, 9 March 2009, Sydney, Australia Keogh, J (2009) Retail Leases: Renovation, Relocation, Termination and Compensation, College of Law, 20 February 2009, Sydney, Australia
5 Keogh, J (2008) Compulsory Acquisition: Gathering the Evidence in Special Value Cases, Australian Property Institute, 23 October 2007, Sydney, Australia Keogh, J (2008) Retail Leases: Relocation, Redevelopment & Demolition, Compensation and Termination, Property Law Conference, 25 August 2008, Sydney, Australia Keogh, J (2008) Compulsory Acquisition and the Special Value of Land: Unearthing the Essential Valuation Principles in a Valid Claim for Compensation, College of Law Seminar Paper, 28 February 2008, Sydney, Australia Keogh, J (2008) Retail Leases: Negotiation Landmines The Dangerous Connections Between Sections 3, 8 and 16 of the Retail Leases Act College of Law Seminar Paper, 25 February 2008, Sydney, Australia Keogh, J (2008) Commercial & Retail Lease Covenants: The Covenant of Quiet Enjoyment, Australian Property Institute, 14 November 2008, Sydney, Australia Keogh, J (2007) Compulsory Acquisition and the Special Value of Land: Unearthing the Essential Valuation Principles in a Valid Claim for Compensation, Australian Property Institute, 23 October 2007, Sydney, Australia Keogh, J (2007) Expediting Development Approvals in New South Wales, College of Law CPD Seminar Paper, 31 st July, Sydney, Australia Keogh, J (2007) Litigation Issues in Retail Leases in New South Wales, Pacific Rim Real Estate Society Conference, January 2007, Fremantle, Australia Keogh, J (2006) Litigation Issues: Pre-Lease Negotiation Options and Lease Renewals in Retail Shop Leases, College of Law CPD Seminar: The Essentials of Litigation Issues in Commercial and Retail Leases, 21 November, Sydney, Australia Keogh, J (2006) Relief against Property Forfeiture in Australia, 12 th Annual Pacific Rim Real Estate Society Conference, January 2006, Auckland, New Zealand Keogh, J (2005) Trading in Australia s Greatest Liquid Asset: Water, 11 th Annual Pacific Rim Real Estate Society Conference, January 2005, Melbourne, Australia Keogh, J (2005) Relief against Property Forfeiture in Australia, NSW Bar Association CPD Seminar, 20 April 2005, Sydney, Australia Keogh, J (2005) The Earthly Rewards of Philanthropy, NSW Bar Association CPD Seminar Paper, 22 March 2005, Sydney, Australia Keogh, J (2004) Liability of Professional Consultants and Contractors in Building and Construction Projects, Cropper Parkhill Seminar, 8 September 2004, Sydney, Australia Keogh J, (2004) Current Issues in Land Care Rights & Obligations, NSW Law Society Rural Issues Conference, 16 October 2004, Sydney, Australia
6 Keogh J, (2004) Trading in Australia s Greatest Liquid Asset: Water, NSW Law Society Rural Issues Conference, 16 October 2004, Sydney, Australia Keogh J, (2004) Mediation: A Bridge over Troubled Water An Insight into Mediation as a Practical Tool for Resolving Disputes in the Settlement of Farm Debt Disputes and Planning and Environment Issues, NSW Law Society Rural Issues Conference, 16 October 2004, Sydney, Australia Keogh, J (2003) The Special Value of Land in Compulsory Acquisition Cases, 9 th Annual Pacific Rim Real Estate Society Conference, January 2003, Brisbane, Australia (revised & refereed paper) Keogh, J (2003) Flirting with Forfeiture, 9 th Annual Pacific Rim Real Estate Society Conference, January 2003, Brisbane, Australia Keogh, J & Bradley, P (2002) The Potential for Contractual Disputes in Retirement Village Living, 8 th Annual Pacific Rim Real Estate Society Conference, January 2002, Christchurch, New Zealand Keogh, J (2001) Everything s Rosy, Isn t it? A Commentary on Legal Tensions Below the Surface in Retirement Village Living, 7 th Annual Pacific Rim Real Estate Society Conference, January 2001, Adelaide, Australia Keogh, J (2001) The Special Value of Land in Compulsory Acquisition Cases, 7 th Annual Pacific Rim Real Estate Society Conference, January 2001, Adelaide, Australia Keogh, J (2001) Contaminated Land and Risk Management Issues: How Foreseeable is Corporate Liability? 7 th Annual Pacific Rim Real Estate Society Conference, January 2001, Adelaide, Australia Keogh, J & Perkins, M (2001) The Harvesting of Biosphere Assets: Current Issues in the Recognition and Management of Proprietary Rights within an Information Economy, 6 th Annual Asian Real Estate Society Conference, 1-3 August 2001, Tokyo, Japan Keogh, J (2000) Have Legislative Reforms Expedited Property Development Approvals in New South Wales? 6 th Annual Pacific Rim Real Estate Society Conference, January 2000, Sydney, Australia Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, 13 th ANZAM Conference, 1-4 December 1999, Hobart, Australia (refereed paper) Keogh, J (1999) Dealing With Unconscionable Conduct: An Overview of the Legal Principles and Applications in Australian Trade Practices Legislation, NSW Retail Leases: The New Regime and Fair Trading Seminar, 24 March 1999, Sydney, Australia Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, International Real Estate Society Conference, January 1999, Kuala Lumpur, Malaysia
7 Keogh, J (1999) The Case against Unconscionable Conduct: Why the Property Industry Should Take Notice of the Newest Trade Practices Legislation, International Real Estate Society Conference, January 1999, Kuala Lumpur, Malaysia Keogh, J (1999) Landlords and Shopping Centres - Negotiating a Fair Deal with Limited Liability, International Real Estate Society Conference, January 1999, Kuala Lumpur, Malaysia Keogh, J (1999) The Language of Negotiation: Who Cares about the Liability? An Exploration of the Liability of Developers and Agents under Trade Practices and Common Law for Misleading and Unconscionable Conduct, International Real Estate Society Conference, January 1999, Kuala Lumpur, Malaysia (revised & refereed paper) Keogh, J (1998) The New Approach to Environmental Risk in Corporate Management, 12 th ANZAM Conference, 6-9 December 1998, Adelaide, Australia Keogh, J (1998) Seeing the Unforeseeable Risk Management Aspects of Due Diligence in Environmental Management Systems, 4 th Annual Pacific Rim Real Estate Society Conference, January 1998, Perth, Australia Keogh, J (1998) Defective and Dangerous The Impact of Northern Sandblasting Pty Ltd v Harris (High Court of Australia) on a Landlord s Duty of Care, 4 th Annual Pacific Rim Real Estate Society Conference, January 1998, Perth, Australia Keogh, J (1998) The Duty to act with Equity and Good Conscience: An Exploration of the Judicial Decision Making Processes in Property Related Tribunals, 4 th Annual Pacific Rim Real Estate Society Conference, January 1998, Perth, Australia Keogh, J (1996) The Hidden Half of Real Estate Negotiations, 2 nd Annual Pacific Rim Real Estate Society Conference, January 1996, Sanctuary Cove, Queensland, Australia Keogh, J & Harker, N (1995) Critical Aspects of Lease Restructuring in Low Inflation Cycles, April 1995, Pacific Asia Property Research Conference, Singapore Keogh J (1994) Legal Aspects of Lease Restructuring and Income Preservation: Commercial Leases, Australian Institute of Valuers and Land Economists (AIVLE), 2 June 1994, Canberra, Australia Keogh J (1994) Environmental Due Diligence: The New Game of Legal Brinkmanship, ANZAM 1994 Conference, 7-10 December 1994, Wellington, New Zealand
8 Publications Keogh, J (2008) Retail Leases: Negotiation Landmines, Australian and New Zealand Property Journal, 1(6): Keogh, J (2008) Compulsory Acquisition and the Special Value of Land, Australian and New Zealand Property Journal, 40(1): Keogh, J (2006)Relief against Property Forfeiture in Australia, Australian Property Journal,39(1):58-63 Keogh, J (2006) The Earthly Rewards of Philanthropy: Why Establishing Your Own Foundation is Such a Positively Good Idea, Commercial Law Quarterly, 19(4): Keogh, J (2005) The New River of Gold: Trading Water Rights in a Regulatory Environment, Australian Property Journal, 38(5): Keogh, J (2003) How to Determine the Special Value of Land in Compulsory Acquisition Cases, Law Society Journal, 41(10): Keogh, J (2004) The Special Value of Land in Compulsory Acquisition Cases, Australian Property Journal, 38(1): Keogh, J (2003) The Special Value of Land in Compulsory Acquisition Cases, New Zealand Property Journal, May 2003: Keogh, J & Perkins, M (2002) The Harvesting of Biosphere Assets, Commercial Law Quarterly, 16(2): Keogh, J (2001) Unconscionable Conduct Forum: Shopping Centres, Gladiators and the ACCC, Commercial Law Quarterly, 15(2): Keogh, J (2001) Have Legislative Reforms Expedited Development Approvals in NSW? Australian Property Journal, 36(8): Keogh, J (2001) New Amendments Promote Fairer Dealing on Leases, Australian Property Journal, 36(7): 645 Keogh, J (2001) New Cases Spotlight Fair Deal Principles in Negotiation and Transaction Behaviour, Australian Property Journal, 36(6): Keogh, J (2000) Everything s Rosy, Isn t it? A Commentary on Legal Tensions Below the Surface in Retirement Village Living, Department of Fair Trading Journal: Village Green, 2000 Keogh, J (2000) The Impact of Unconscionable Conduct on Property Negotiations, Australian Property Journal, 36 (2):
9 Keogh, J (1999) Seeing the Unforeseeable: Risk Management Aspects of Due Diligence in Environmental Management Systems, Commercial Law Quarterly, 13(2): Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, Commercial Law Quarterly, 13(1): 7-12 Keogh, J (1999) Doctoral Thesis (SJD) Environmental Due Diligence: Legal Principles, Corporate Strategies, University of Technology Sydney, Library Call No Keogh Keogh, J (1998) Limiting the liability in property transactions: Negotiating a Fair Deal with the Trade Practices Act in Mind, Commercial Law Quarterly, 12(4): Keogh, J (1998) The Duty to Act with Equity and Good Conscience: An Exploration of the Judicial Decision Making Processes in Tribunals, Commercial Law Quarterly, 12(3): Keogh, J (1998) Agents and Trade Practices: Pass the Liability Please, Inside Realty, July 1998 Keogh, J (1998) Landlords and Agents: Defective and Dangerous Premises, Inside Realty, April 1998 Keogh, J (1998) Landlords and Shopping Centres: Negotiating a Fair Deal with Limited Liability, Property Australia, 13(1): Keogh, J (1998) The Duty to Act with Equity and Good Conscience, NSW Law Society Journal, 36(8): Keogh, J (1998) Defective & Dangerous: Northern Sandblasting v Harris, NSW Department of Fair Trading Keynotes, March 1998 Keogh, J (1998) Common Law Issues and Implications for Commercial Property Risk Management in Northern Sandblasting v Harris, Commercial Law Quarterly, 12(2): Keogh, J (1996) Dispute Resolution Systems in the NSW Land and Environment Court, Australian Dispute Resolution Journal, 7(3): Indicates refereed publications Last Updated 29 January 2014
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